jonestay
11-20-2007, 09:36 PM
My waiver will be adjudicated in atlanta/maybe texas
Please review it and give me some tips!!!
October 29, 2007
US Citizenship and Immigration services
Texas Service Center
4141 St. Augustine Rd
Dallas, TX 75227
RE: xxxxxx
I-601 Application for waiver of Ground of Inadmissibility
Dear Sir or Madam:
The above-referenced Russian national, Mrs. XXX, herewith files her I -601 and applies for Waiver of Grounds of Inadmissibility based upon the facts set forth below.
She is the spouse and daughter in law of US citizens and her removal from the United States would cause severe and extreme hardships to the citizens.
Extreme hardship is based on the following:
Severe Medical Conditions of US citizen husband and US citizens father and mother in law.
I have a pituitary microadenoma (a tumor of the pituitary gland). In brief, I have to take medication daily (Parlodel) toward containing the growth of the tumor and arresting its effects. Often, with medication a microadenoma of this sort will remain stable and its symptoms will be muted. However, sometimes, symptoms (including loss of vision) multiply, and sometimes, the tumor grows significantly. Expanding symptomatology or tumor size will lead to the necessity for intra-cranial surgery. One of my physicians, ______________, M.D. has asserted, “...It is critical that she be followed by an endocrinologist and have access to high-tech pituitary imaging facilities." Another of my specialists, ______________, M.D. wrote, “…If the mass enlarges significantly it can because multiple problems...vision can be affected...Pressure can be placed on the base of the brain, which can cause many problems. She should be cared for in a “first world” as opposed to a third world country for this condition” [Appendix A]. In other words, follow-up care needs to be done by a specially trained physician and the regular use of MRI technology is critical. If the tumor should not respond properly to medication or should grow undetected I risk the loss of vision as well as other significant symptoms. Clearly, if surgery becomes a requirement, a highly trained physician would be necessary to protect my health.
As Appendix an attests, health conditions in Russia are not adequate to meet my needs for care of my pituitary tumor. There is a scarcity of MRI facilities, endocrinologists, well-trained surgeons and general medical care. If I were to live in Russia, I would be placed at significant, specific risk relative to my pituitary adenoma because I could not obtain the necessary follow-up care, i.e. an endocrinologist and available pituitary imaging facilities. Further, if the tumor developed to the point where surgery was required, there is no evidence that an adequately trained surgeon could be found in Russia. My wife XXXX is going to be one who will take care of me since I don’t have any other members of my family here in Atlanta, Georgia.
My elderly father and mother have a very serious medical conditions on their own (father is paralyzed from the waist down and mother suffers from several extreme medical conditions) live in small town in GA which is approximately 3 hours form Atlanta. My parents in devastating medical condition of their own and need my assistance on the regular basis. My wife and I are constant care givers to my elderly parents and sometime spending weeks at their home to help them out with daily activities: such as housekeeping, groceries, visits to doctors, legal and business matters. Also due to my mother serious condition I am her power of attorney.
Moreover, as full time employee, I am eligible for health insurance through my work. This is very expensive product and covers my basic health needs, including twice yearly MRI exams recommended by my physicians for the pituitary tumor, medications for hypertension and acid reflux desise.This product will not cover me overseas. [Moreover, if I stop working for the company, I am no longer eligible for the plan]. To purchase a policy which does cover me while I am living in another country will be costly and unavailable to me due to my medical conditions. I tried to get another policy with different insurance company here in US and they denied my application. Another words if I will loose my job I AM NOT GOING TO BE ABALE TO GET A NEW INSUARANCE Policy (see letter of Denial) Moreover, should I require medical care that is not available overseas, the cost of an evacuation to the United States is estimated at $50,000. I don’t have that kind of money.
2. I am also suffering from hypertension (high blood pressure)
It runs in my family from my father’s side. My granddad died from heart failure at the age of 45. All my uncles have severe heart problems. All of them are died at relatively young age (40-45). This has been aggravated by whole immigration matter for my wife and has caused additional headaches and stress. If this situation continues the consequence will result in a significant deterioration of health for me which would be life threatening. Blood pressure is known to vary with emotional and psychological states. The stress hormone cortical, which is made and released by the adrenal glands, rises in states of sudden or long-term stress and causes a rise in blood pressure. The World Health Organization defines hypertension as a systolic blood pressure over 160, a diastolic pressure over 90, or both. I currently have a systolic pressure of around 159 and a diastolic pressure of around 117. I am taking daily medication of Lotrel 5/20. This dosage has doubled since October’07. Additionally I have been Florinal Tablets and Hydrochlorot 25mg Tablets. This medication was prescribed in October’07 at the same time as decision of waiver necessity was announced. Hypertension is also called the “Silent Killer” because it often has no symptoms and can cause serious diseases or death if left untreated.
Hypertension can cause a stroke which can lead to paralysis, speech problems, and even death. Blockage of blood vessels in the kidney can lead to kidney failure. This will lead to death unless dialysis is performed three to five times a week to clean the blood. Blockage of blood vessels in the eye can lead to impaired vision and even blindness. Blockage of an artery of the heart leads to a heart attack, where the part of the heart that was supplied by the blocked artery dies. This weakens the heart and can even lead to death.
I am monitoring my blood pressure several times a day and take medication daily (Exhibit A). If he moved to my wife’s country, I would have to quit my job and therefore wouldn’t have health insurance to cover medical expenses in Russia or find a doctor who understands and speak English and I can fully trust. I was with my Doctor all my life since I always had serious medical conditions through my life. In addition I would have to pay cash for medication to control my hypertension and, if need be, other medical services. I would not have the financial resources to get proper medical care. My hypertension would go untreated and could cause serious diseases mentioned above putting me in a life threatening situation.
Gastrointestinal Disorder (acid Reflux)
I was also diagnosed with gastrointestinal disorder (acid reflux) in November 2006. That was aggravated due to the threat of his wife removal. Accordingly to my doctor I lost 25 pounds this summer 2007 worrying about our future. I am currently taking Protonix for this. Gastroesophageal reflux disease, or GERD, affects at least an estimated 5% to 7% of the global population – men, women, and children. Although common, GERD often is unrecognized – its symptoms misunderstood. This is unfortunate because GERD is generally a treatable disease. Serious complications can result if it is not treated properly.
Persistent heartburn is the most frequent – but not the only – symptom of GERD. (The disease may be present even without apparent symptoms.) Heartburn is so common that it often is not associated with a serious disease, like GERD. All too often, GERD is self- treated or mistreated.
GERD is a chronic disease. Treatment usually must be maintained on a long-term basis, even after symptoms have been brought under control. Issues of daily living and compliance with long-term use of medication need to be addressed as well. This can be accomplished through follow-up, support, and education.
Various methods to effectively treat GERD range from lifestyle measures to the use of medication or surgical procedures. It is essential for individuals who suffer persistent heartburn or other chronic and recurrent symptoms of GERD to seek an accurate diagnosis, to work with their physician, and to receive the most effective treatment available.
These illnesses are aggravated by the possibility of my wife facing deportation and if I could be forced to move to Russia is physiologically devastating to me.
Russian Medical Condition is a major concern of their own (overview see exhibit).
According to experts Medical care in Russia is the worst in an industrialized nation, in spite of its booming economy. Russia with its socialistic background is supposed to provide free basic medical care to its citizens. The doctors, nurses and surgeons routinely demand payments even bribes from those they treat.
A 2000 World Health Organization report ranked the country’s health system 130Th out 191 countries, on a par with nations such as Peru and Honduras.
According to Russia- Heath:” The shortage of medicines in Russia is chronic and catastrophic. Soviet –era supplies of materials and drugs have been depleted and not being adequately replenished. Domestic production has plummeted because of the obsolescence of pharmaceutical factories and shortages of requisite raw materials and supplies. Many of items produced are in effective.
Russia’s hospitals and policlinics are generally old and they lack basic amenities. Roughly 42% of the country’s hospitals and 30% of its clinics lack hot water, and 12% and 7%, respectively, have no running water at all... About 18% of hospitals and 15% of clinics are not connected to a sewerage system, and only 12% in both categories have central heating. Even in the best hospitals, medical personnel do not regularly wash their hands, surgical instruments are not always properly sterilized, and rates of infection are abnormally high.”
“Corruption in the health care is threat to Russia’s national security in the broadest sense of the world,” said Yelena Panfilova, head the Russian branch of Transparency International, a global corruption watchdogs.
According to NY times hospitals in Russia suffer from a shortage of medical doctors. Often leading to poor care and lack of proper medical treatment. At times patients are left in care of medical students, with no supervision from qualified medical doctors and poor nursing stuff.Unfortunatley, in some cases this has been known to result in death. As such, if I have to live in Russia I wouldn’t be able to treat my conditions properly due to seriousness’s of it and defiantly I am scared for my life!
US State department has advised seriously ill US Citizens to make sure they seek health care outside of foreign countries. Medical facilities in all parts of Russia are poor and outdated due to total distress of medical system in Russian after Soviet Union collapsed. Another serious problem is a huge shortage of medicines.Counterfeight pharmaceuticals are common problem and may be difficult to distinguish from genuine medications.
.
Due to my medical condition, possibility in upcoming major surgery, constant doctor visits I can not jeopardize even a possibility loosing my medical insurance that I have through work. To me it is life or death situation. I and our family don’t have savings, but even if we would have we couldn’t ever afford it in Russia if forced to move there.
In case I will be forced to move I am not going to have money and resources to treat all my conditions due to luck of savings, language barrier and conditions of Russian health care.
These conditions are life threatening and I have to stay in US permanently treat them accordingly and maintain my health insurance plan.
Very Specialized Profession and Limited Skills.
I am very specialized professional in my field Productive Digital Photography which requires specialized skills that I currently have.
If moved to Russia I am not able to find an employment and use my skill since I wouldn’t t able to find adequate position with the same pay and medical benefits. Russia has the highest unemployment rate in Eastern Europe, being at 25% percent and low minimum wage. The average income is 400 Dollars a month which not even going to cover my reflux medications, not speaking about my hypertension and pituitary microadenoma, possible upcoming surgery.
So I will be forced to stay in US and due to severe and extreme conditions of my parents don’t have anybody to provide care for me except of my wife.
My life is depending upon our family to live in the States and my ability to survive and defeat microadenoma and other conditions.
Paralyzed father
UC is an indispensable source of assistance to his father who is paralyzed from the waist down. The US citizen father requires constant monitoring and US relative must be able to respond to proper assistance for his father or his father wife who presently assist him .If the citizens spouse were required to move abroad it would cause extreme hardship to US citizen father as well as the US citizen husband who would suffer extreme hardship knowing his father was not being cared for (See letters1 USC physiologist.)
In addition, Mr. XXXX’s mother has a history of severe medical conditions spanning almost a decade.
The USC mother Mrs. x xxxxxxxxx was diagnosed with C.O.P.D. (Coronary (Obstructed Disease) and Emphysema about approx ten years ago. She had spontaneous Pneumothorax (collapsed lung) in 1995 where she had to undergo surgery for a thorecotomy (lung reduction). I become my mother’s health surrogate and power of attorney.
My mother has deteriorated through the years to whereby she is now completely oxygen dependant. I must maintain my parent’s household as well as my own home. My mother is, in/out of hospital on the average of two/three times a year for pneumonia associated with her condition.
So therefore it is essential that Mr. xxx lives in close proximity to his father home that he and Mrs. xxx will be taking care of his father and mother. If removed from the country xxx can not take care of his paralyzed father and sick mother.
Physiological
Mr. xxxx USC psychologist has reported that deportation of his wife would be psychologically devastating and that Mr. US citizen is at risk for nervous stress, response involving physical and psychological breakdown should he be separated from his wife by her deportation (see exhibit 5).
I have been devastated emotionally by the current situation in which I and my wife find them. I am emotionally drained and distraught with the idea of not living with my wife. As stated in his Psychological Evaluation (see Exhibit N in main waiver) “At the present time, Larry is already experiencing symptoms of a Major Depressive Disorder, moderate degree.” Major depression is a severe psychological disorder in which a persons normal functioning becomes impaired and the person is unable to escape from a fog of devastating sadness and negative thoughts. “A person who suffers from a major depressive disorder... must represent a change from the person's normal mood. Social, occupational, educational or other important functioning must also be negatively impaired by the change in mood”
I am already suffering from sleepless nights, has presented high levels of anxiety, my work performance has been hindered, and he experiences profound feelings of worthlessness and excessive guilt nearly every day. Once a person, such as XXX, has been exposed to the onset of major depression, that person remains highly susceptible to re-occurrences. These re-occurrences are often triggered by extreme levels of stress or devastating events (such as moving to a foreign country in which one would become isolated or living away from a spouse and child). If forced to leave his country, he would have to overcome tremendous anxiety problems as well as the possibility of developing a Full Major Depressive Disorder or an Adjustment Disorder with Depressed Mood (See Exhibit N). At the same time living without his wife would have equally devastating affects.
The consequences of developing a Full Major Depressive Disorder are extreme in nature and often include suicidal thoughts. Thoughts of this nature could result in hospitalization or even death. Dr. XXX, USC’s psychologist, wrote:
“Though XXX does not endorse any statements reflecting active suicide intention, the combination of high levels of depression and anxiety is a clear danger signal. If he continues to be exposed to stress and tension, his levels of depression and anxiety may reach such a state in which suicidal thought may become activated... High levels of depression and anxiety, along with the lack of confidence in a better future can in fact activate suicidal thoughts.”
This suggests that he believes XXX is at danger for developing suicidal thoughts, if the situation in which he currently finds himself does not improve dramatically. Therefore, his wife is not allowed prompt readmission into the United States, there is the potential that XXX would become overwhelmingly depressed and attempt to take his own life.
.
The Holmes Rahe Social Readjustment Rating Scale.
In 1967 Thomas H. Holmes and Richard H rahe, MD published “The social Readjustment rating Scale” in the prestigious Journal of Psychosomatic Research. This scale measures vulnerability to medical illness as a result of stress. It is now famous and still widely used; its efficacy is well established. For instance, in December 2000 in “Educational and Psychological measurement” Judith A.Scully, Henry Tosi and Kevin Banning re-evaluated the use of this instrument. The abstract of their article states:
The authors conclude that, in sum, life change events remain useful predictors of stress related –symptom scores and the SRRS is a robust instrument for identifying the potential for the occurrence of stress related outcomes and is, therefore, a useful tool…”
The scale uses the weighting of Life Changing Units (LCU’s) as means of predicting vulnerability to mental illness. For instance, a marital separation would accure 65 LCU’s and an outstanding personal achievement would accure 28 LCU’s. In other worlds, significant life changes, positive and negative, are significant variables in the development of medical illness. Degree of vulnerability can be predicted.Pre-existing conditions are presumed to be highly vulnerable to exacerbation. The predictive ranges of the SRRS are:
LCU 0-150: No significant risk
LCU 150-199: 35% Chance of illness or injury in two year period
LCU 200-299: 51 % Chance of illness or injury in the two year period
LCU 300-+: 80% Chance of illness or injury in two year period
I scored 659 on the Holmes Rache Scale, virtually assuring serious illness of we were forced to move to Russia. If the scale is applied on the assumed basis my score on the instrument is extremely high and indicates major crisis and is highly predictive of serious physical illness most probably heart attack according to my psychologist.
Safety Concerns in Russia, Crime and mafia
Accorgingly to report by Russia’s Ministry of Affairs, the number one threat to Russia’s economy is corruption within government. This report placed the total for bribes and other illegal income received by government officials at $100 billion in 1993 and 1994.
Crime, including violent crime is a serious problem in Russia, particularly in Moscow.
While the vast majority of crimes occur in impoverished areas, the violence is pervasive since the rise of the Russian mafia is not confined. The primary criminal concern of American is being a victim of theft, blackmail and violence. In several cases armed robberies of Americans have turned violent when victims resisted handing over valuables. Crime is exacerbated by the fact that police are understaffed, corrupted and ineffective. These conditions would make us petrified to live there.
Religion and risk to practice a Baptism in Russia
I am practicing Baptist and religion is a big part of my life. I was raised in very religious family and we went to church every Sunday. My research shows I would not be able to practice the Baptist religion with the respect and opportunities that I could in the United States. It is also very dangerous there to be a Baptist. God is very important to our family and to me especially when we need him most in our lives. (See exhibit)
Accordingly to Forum 18 News Service , Olso, Norway:
“ Baptists singing and praying in a Moscow courtyard “disturbed public order and peace of those relaxing nearby”, by local municipal court ruled on August 11,2003.Thecourt fined on of the Baptists 500 rubles for allegedly using expletives while being ushered into police car as officers broke up the 26 July gathering. Khorev remarked to Forum 18 that the July 26 incident was “part of the normal life of our church”.
Costs of Home visits
Should we move to Russia we would not be able to afford plane tickets, averaging 1000-2000 Dollars to visit our family since me nor my wife will be able to find an employment?
I possess very specialized skills and my wife as well since she was never was an adult in Russia. She left right after graduating he college in 1999 and worked in US as a real estate specialist which is covering us territiory.Even with time maybe we could find an employment and support ourselves but we don’t have time since I am in need of very serious surgery with a big chance of repertionof it in the nearest future and constant care of my phucicion and specialized doctors with experience and medical equipment that could only be found in US.
Financial Hardship and Lack of Educational Opportunity.
I am currently employed as a production manager in the internet based photography laboratory in which I owe an interest. The company is very successful and growing. I spent 4 years to get my degree in digital photography from Savannah School of Art and Design and spent 5 years in this company starting as a lab technician and now I am the second person in there. From our research there are no institutions in Russia that offer equivalent education or accept all the credits that we have accrued to date. Our credits will not transfer of we have to live the state of Georgia. With our age, education and limited skills it would be impossible for us to maintain the same level of employment standard, or even a level that would allow us to live in the safe and healthy environment, that we could attained at home in the United State. Since it would be impossible to maintain our professional carrier (my inability to speak Russian and luck of adequate industry and standards) my professional life would be over.
Due to seriousness of my current medical condition moving to another country to start over equals death since my health and parents health concerns are currently my major priority.
Family ties
We don’t have any family ties in Russia except of my wife’s family. My wife left Russia at the age of 22 that means all her adult and professional life she spent in US. In case of removal she has to start his proffenal life from the scratch.
Special Circumstances of Conviction
The circumstances of Mrs. XXX fraud conviction are such that her moral intentions in performing the acts lack the elements of deceit, willingness, and do not meet the aggravated felony standard established by Immigration Law since 1996 involved in fraud. Review of the record will indicate the extent to which Mrs. XXX, as an abused spouse, was forced to cash the check under threat of physical violence. Please ss in detail the attached letter of my wife, Ph.D as Exhibit describing the extensive abuse suffered by Mrs. XXXX during her marriage to Mr.XXX ex- husband. Her description of the incident, which resulted in criminal conviction, is found at page 3
In the early 2003, Mr. XXX insisted that Mrs. XXX pick up a check for him, deposit it in her account, and bring him cash. When she saw the check, she thought: it didn’t look right” and told him she didn’t want to put it in her account. Mr... XXX went into violent rage. He screamed at her, told her that she was a stupid ***** and did not understand anything. During his outbursts, he threw dishes, kicked doors, and threatened to have her deported. She reported that she was terrified and didn’t see what her choice was, but to do what he said. She brought him money in cash it was about 9 Thousand doors, later on she plead guilty to taking this money. He told her he “needed the rest from her” and took the money and went to Miami on the trip. Later she was charged with bank fraud for this, pleaded guilty and served probation. She is deeply ashamed about this”
Dr. x sums up her analysis of Mrs. XXXX as:
“It is my professional opinion as a psychologist that Mrs. XXXX is suffering from major depressive disorder due to the continued abuse she suffered from her husband, Mr. XXX, A US citizen. She has suffered severe damage to her self esteem. She continues to have reactive depression, which is frequently associated with domestic abuse”
Under such circumstances, it is unlikely that Mrs.XXX could have the requisite intent or willingness to commit a crime of moral turpitude in connection with the cashing of the check. Accordingly she didn’t meet the requisite elements of fraud conviction and should not hold to moral standard.
Please see also exhibits 9-1, affidavits from individuals who personally witnessed the spousal abuse by her husband against XXXX from:
xxxx
xxxx
xxxx
Please also see Exhibit 12 the extensive criminal history of Ex Husband (ex husband), including more the 20 arrests, none of which were disclosed to Tanya at the time of their marriage. Please also see Mrs.XXX petition for a temporary protective order dated September 2003 and the family violence ex parte protective order issued by Ralph Hicks. Judge of Superior Court Fulton County, September 25, 2003
Seed further reports of previous harassment of women and children of whom XXX was involved including Sonja Burnett and related indictment for criminal attempted to commit aggravated stalking involving Sarah Bell, April 1977. XXX. December 16, 1997; convictions on stalking, battery, theft by taking, also related to Sarah Bell, October 1997, Douglass County, Cob County, November 17, 1999.
Mrs. XXX was granted permanent restrain order at the her divorce decree in November 5, 2005
Lack of requisite Intent to Commit Fraud:
Lack of willingness for Check cashed under Duress and Physical Harm
The above referenced evidences clearly that XXXX was not acting willingly when her husband forced her to cash the check, which was the source of her conviction. Additionally she has had no prior or subsequent charges or convictions since that date. She completed her probation without single incident and has now changed life conditions, being in the committed relationship with US citizen XXXX.
Now she employed as a property manger and has become a productive member of the society. She pays taxes and her dues.
She also held a position of trust in her work and should be considered rehabilitated to the extent she ever had participated in the criminal act. Please see letters from Probation Officer XXXX and two clients /property owners for whom Mrs.XXX manages properties and finances related to these properties.
Please review it and give me some tips!!!
October 29, 2007
US Citizenship and Immigration services
Texas Service Center
4141 St. Augustine Rd
Dallas, TX 75227
RE: xxxxxx
I-601 Application for waiver of Ground of Inadmissibility
Dear Sir or Madam:
The above-referenced Russian national, Mrs. XXX, herewith files her I -601 and applies for Waiver of Grounds of Inadmissibility based upon the facts set forth below.
She is the spouse and daughter in law of US citizens and her removal from the United States would cause severe and extreme hardships to the citizens.
Extreme hardship is based on the following:
Severe Medical Conditions of US citizen husband and US citizens father and mother in law.
I have a pituitary microadenoma (a tumor of the pituitary gland). In brief, I have to take medication daily (Parlodel) toward containing the growth of the tumor and arresting its effects. Often, with medication a microadenoma of this sort will remain stable and its symptoms will be muted. However, sometimes, symptoms (including loss of vision) multiply, and sometimes, the tumor grows significantly. Expanding symptomatology or tumor size will lead to the necessity for intra-cranial surgery. One of my physicians, ______________, M.D. has asserted, “...It is critical that she be followed by an endocrinologist and have access to high-tech pituitary imaging facilities." Another of my specialists, ______________, M.D. wrote, “…If the mass enlarges significantly it can because multiple problems...vision can be affected...Pressure can be placed on the base of the brain, which can cause many problems. She should be cared for in a “first world” as opposed to a third world country for this condition” [Appendix A]. In other words, follow-up care needs to be done by a specially trained physician and the regular use of MRI technology is critical. If the tumor should not respond properly to medication or should grow undetected I risk the loss of vision as well as other significant symptoms. Clearly, if surgery becomes a requirement, a highly trained physician would be necessary to protect my health.
As Appendix an attests, health conditions in Russia are not adequate to meet my needs for care of my pituitary tumor. There is a scarcity of MRI facilities, endocrinologists, well-trained surgeons and general medical care. If I were to live in Russia, I would be placed at significant, specific risk relative to my pituitary adenoma because I could not obtain the necessary follow-up care, i.e. an endocrinologist and available pituitary imaging facilities. Further, if the tumor developed to the point where surgery was required, there is no evidence that an adequately trained surgeon could be found in Russia. My wife XXXX is going to be one who will take care of me since I don’t have any other members of my family here in Atlanta, Georgia.
My elderly father and mother have a very serious medical conditions on their own (father is paralyzed from the waist down and mother suffers from several extreme medical conditions) live in small town in GA which is approximately 3 hours form Atlanta. My parents in devastating medical condition of their own and need my assistance on the regular basis. My wife and I are constant care givers to my elderly parents and sometime spending weeks at their home to help them out with daily activities: such as housekeeping, groceries, visits to doctors, legal and business matters. Also due to my mother serious condition I am her power of attorney.
Moreover, as full time employee, I am eligible for health insurance through my work. This is very expensive product and covers my basic health needs, including twice yearly MRI exams recommended by my physicians for the pituitary tumor, medications for hypertension and acid reflux desise.This product will not cover me overseas. [Moreover, if I stop working for the company, I am no longer eligible for the plan]. To purchase a policy which does cover me while I am living in another country will be costly and unavailable to me due to my medical conditions. I tried to get another policy with different insurance company here in US and they denied my application. Another words if I will loose my job I AM NOT GOING TO BE ABALE TO GET A NEW INSUARANCE Policy (see letter of Denial) Moreover, should I require medical care that is not available overseas, the cost of an evacuation to the United States is estimated at $50,000. I don’t have that kind of money.
2. I am also suffering from hypertension (high blood pressure)
It runs in my family from my father’s side. My granddad died from heart failure at the age of 45. All my uncles have severe heart problems. All of them are died at relatively young age (40-45). This has been aggravated by whole immigration matter for my wife and has caused additional headaches and stress. If this situation continues the consequence will result in a significant deterioration of health for me which would be life threatening. Blood pressure is known to vary with emotional and psychological states. The stress hormone cortical, which is made and released by the adrenal glands, rises in states of sudden or long-term stress and causes a rise in blood pressure. The World Health Organization defines hypertension as a systolic blood pressure over 160, a diastolic pressure over 90, or both. I currently have a systolic pressure of around 159 and a diastolic pressure of around 117. I am taking daily medication of Lotrel 5/20. This dosage has doubled since October’07. Additionally I have been Florinal Tablets and Hydrochlorot 25mg Tablets. This medication was prescribed in October’07 at the same time as decision of waiver necessity was announced. Hypertension is also called the “Silent Killer” because it often has no symptoms and can cause serious diseases or death if left untreated.
Hypertension can cause a stroke which can lead to paralysis, speech problems, and even death. Blockage of blood vessels in the kidney can lead to kidney failure. This will lead to death unless dialysis is performed three to five times a week to clean the blood. Blockage of blood vessels in the eye can lead to impaired vision and even blindness. Blockage of an artery of the heart leads to a heart attack, where the part of the heart that was supplied by the blocked artery dies. This weakens the heart and can even lead to death.
I am monitoring my blood pressure several times a day and take medication daily (Exhibit A). If he moved to my wife’s country, I would have to quit my job and therefore wouldn’t have health insurance to cover medical expenses in Russia or find a doctor who understands and speak English and I can fully trust. I was with my Doctor all my life since I always had serious medical conditions through my life. In addition I would have to pay cash for medication to control my hypertension and, if need be, other medical services. I would not have the financial resources to get proper medical care. My hypertension would go untreated and could cause serious diseases mentioned above putting me in a life threatening situation.
Gastrointestinal Disorder (acid Reflux)
I was also diagnosed with gastrointestinal disorder (acid reflux) in November 2006. That was aggravated due to the threat of his wife removal. Accordingly to my doctor I lost 25 pounds this summer 2007 worrying about our future. I am currently taking Protonix for this. Gastroesophageal reflux disease, or GERD, affects at least an estimated 5% to 7% of the global population – men, women, and children. Although common, GERD often is unrecognized – its symptoms misunderstood. This is unfortunate because GERD is generally a treatable disease. Serious complications can result if it is not treated properly.
Persistent heartburn is the most frequent – but not the only – symptom of GERD. (The disease may be present even without apparent symptoms.) Heartburn is so common that it often is not associated with a serious disease, like GERD. All too often, GERD is self- treated or mistreated.
GERD is a chronic disease. Treatment usually must be maintained on a long-term basis, even after symptoms have been brought under control. Issues of daily living and compliance with long-term use of medication need to be addressed as well. This can be accomplished through follow-up, support, and education.
Various methods to effectively treat GERD range from lifestyle measures to the use of medication or surgical procedures. It is essential for individuals who suffer persistent heartburn or other chronic and recurrent symptoms of GERD to seek an accurate diagnosis, to work with their physician, and to receive the most effective treatment available.
These illnesses are aggravated by the possibility of my wife facing deportation and if I could be forced to move to Russia is physiologically devastating to me.
Russian Medical Condition is a major concern of their own (overview see exhibit).
According to experts Medical care in Russia is the worst in an industrialized nation, in spite of its booming economy. Russia with its socialistic background is supposed to provide free basic medical care to its citizens. The doctors, nurses and surgeons routinely demand payments even bribes from those they treat.
A 2000 World Health Organization report ranked the country’s health system 130Th out 191 countries, on a par with nations such as Peru and Honduras.
According to Russia- Heath:” The shortage of medicines in Russia is chronic and catastrophic. Soviet –era supplies of materials and drugs have been depleted and not being adequately replenished. Domestic production has plummeted because of the obsolescence of pharmaceutical factories and shortages of requisite raw materials and supplies. Many of items produced are in effective.
Russia’s hospitals and policlinics are generally old and they lack basic amenities. Roughly 42% of the country’s hospitals and 30% of its clinics lack hot water, and 12% and 7%, respectively, have no running water at all... About 18% of hospitals and 15% of clinics are not connected to a sewerage system, and only 12% in both categories have central heating. Even in the best hospitals, medical personnel do not regularly wash their hands, surgical instruments are not always properly sterilized, and rates of infection are abnormally high.”
“Corruption in the health care is threat to Russia’s national security in the broadest sense of the world,” said Yelena Panfilova, head the Russian branch of Transparency International, a global corruption watchdogs.
According to NY times hospitals in Russia suffer from a shortage of medical doctors. Often leading to poor care and lack of proper medical treatment. At times patients are left in care of medical students, with no supervision from qualified medical doctors and poor nursing stuff.Unfortunatley, in some cases this has been known to result in death. As such, if I have to live in Russia I wouldn’t be able to treat my conditions properly due to seriousness’s of it and defiantly I am scared for my life!
US State department has advised seriously ill US Citizens to make sure they seek health care outside of foreign countries. Medical facilities in all parts of Russia are poor and outdated due to total distress of medical system in Russian after Soviet Union collapsed. Another serious problem is a huge shortage of medicines.Counterfeight pharmaceuticals are common problem and may be difficult to distinguish from genuine medications.
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Due to my medical condition, possibility in upcoming major surgery, constant doctor visits I can not jeopardize even a possibility loosing my medical insurance that I have through work. To me it is life or death situation. I and our family don’t have savings, but even if we would have we couldn’t ever afford it in Russia if forced to move there.
In case I will be forced to move I am not going to have money and resources to treat all my conditions due to luck of savings, language barrier and conditions of Russian health care.
These conditions are life threatening and I have to stay in US permanently treat them accordingly and maintain my health insurance plan.
Very Specialized Profession and Limited Skills.
I am very specialized professional in my field Productive Digital Photography which requires specialized skills that I currently have.
If moved to Russia I am not able to find an employment and use my skill since I wouldn’t t able to find adequate position with the same pay and medical benefits. Russia has the highest unemployment rate in Eastern Europe, being at 25% percent and low minimum wage. The average income is 400 Dollars a month which not even going to cover my reflux medications, not speaking about my hypertension and pituitary microadenoma, possible upcoming surgery.
So I will be forced to stay in US and due to severe and extreme conditions of my parents don’t have anybody to provide care for me except of my wife.
My life is depending upon our family to live in the States and my ability to survive and defeat microadenoma and other conditions.
Paralyzed father
UC is an indispensable source of assistance to his father who is paralyzed from the waist down. The US citizen father requires constant monitoring and US relative must be able to respond to proper assistance for his father or his father wife who presently assist him .If the citizens spouse were required to move abroad it would cause extreme hardship to US citizen father as well as the US citizen husband who would suffer extreme hardship knowing his father was not being cared for (See letters1 USC physiologist.)
In addition, Mr. XXXX’s mother has a history of severe medical conditions spanning almost a decade.
The USC mother Mrs. x xxxxxxxxx was diagnosed with C.O.P.D. (Coronary (Obstructed Disease) and Emphysema about approx ten years ago. She had spontaneous Pneumothorax (collapsed lung) in 1995 where she had to undergo surgery for a thorecotomy (lung reduction). I become my mother’s health surrogate and power of attorney.
My mother has deteriorated through the years to whereby she is now completely oxygen dependant. I must maintain my parent’s household as well as my own home. My mother is, in/out of hospital on the average of two/three times a year for pneumonia associated with her condition.
So therefore it is essential that Mr. xxx lives in close proximity to his father home that he and Mrs. xxx will be taking care of his father and mother. If removed from the country xxx can not take care of his paralyzed father and sick mother.
Physiological
Mr. xxxx USC psychologist has reported that deportation of his wife would be psychologically devastating and that Mr. US citizen is at risk for nervous stress, response involving physical and psychological breakdown should he be separated from his wife by her deportation (see exhibit 5).
I have been devastated emotionally by the current situation in which I and my wife find them. I am emotionally drained and distraught with the idea of not living with my wife. As stated in his Psychological Evaluation (see Exhibit N in main waiver) “At the present time, Larry is already experiencing symptoms of a Major Depressive Disorder, moderate degree.” Major depression is a severe psychological disorder in which a persons normal functioning becomes impaired and the person is unable to escape from a fog of devastating sadness and negative thoughts. “A person who suffers from a major depressive disorder... must represent a change from the person's normal mood. Social, occupational, educational or other important functioning must also be negatively impaired by the change in mood”
I am already suffering from sleepless nights, has presented high levels of anxiety, my work performance has been hindered, and he experiences profound feelings of worthlessness and excessive guilt nearly every day. Once a person, such as XXX, has been exposed to the onset of major depression, that person remains highly susceptible to re-occurrences. These re-occurrences are often triggered by extreme levels of stress or devastating events (such as moving to a foreign country in which one would become isolated or living away from a spouse and child). If forced to leave his country, he would have to overcome tremendous anxiety problems as well as the possibility of developing a Full Major Depressive Disorder or an Adjustment Disorder with Depressed Mood (See Exhibit N). At the same time living without his wife would have equally devastating affects.
The consequences of developing a Full Major Depressive Disorder are extreme in nature and often include suicidal thoughts. Thoughts of this nature could result in hospitalization or even death. Dr. XXX, USC’s psychologist, wrote:
“Though XXX does not endorse any statements reflecting active suicide intention, the combination of high levels of depression and anxiety is a clear danger signal. If he continues to be exposed to stress and tension, his levels of depression and anxiety may reach such a state in which suicidal thought may become activated... High levels of depression and anxiety, along with the lack of confidence in a better future can in fact activate suicidal thoughts.”
This suggests that he believes XXX is at danger for developing suicidal thoughts, if the situation in which he currently finds himself does not improve dramatically. Therefore, his wife is not allowed prompt readmission into the United States, there is the potential that XXX would become overwhelmingly depressed and attempt to take his own life.
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The Holmes Rahe Social Readjustment Rating Scale.
In 1967 Thomas H. Holmes and Richard H rahe, MD published “The social Readjustment rating Scale” in the prestigious Journal of Psychosomatic Research. This scale measures vulnerability to medical illness as a result of stress. It is now famous and still widely used; its efficacy is well established. For instance, in December 2000 in “Educational and Psychological measurement” Judith A.Scully, Henry Tosi and Kevin Banning re-evaluated the use of this instrument. The abstract of their article states:
The authors conclude that, in sum, life change events remain useful predictors of stress related –symptom scores and the SRRS is a robust instrument for identifying the potential for the occurrence of stress related outcomes and is, therefore, a useful tool…”
The scale uses the weighting of Life Changing Units (LCU’s) as means of predicting vulnerability to mental illness. For instance, a marital separation would accure 65 LCU’s and an outstanding personal achievement would accure 28 LCU’s. In other worlds, significant life changes, positive and negative, are significant variables in the development of medical illness. Degree of vulnerability can be predicted.Pre-existing conditions are presumed to be highly vulnerable to exacerbation. The predictive ranges of the SRRS are:
LCU 0-150: No significant risk
LCU 150-199: 35% Chance of illness or injury in two year period
LCU 200-299: 51 % Chance of illness or injury in the two year period
LCU 300-+: 80% Chance of illness or injury in two year period
I scored 659 on the Holmes Rache Scale, virtually assuring serious illness of we were forced to move to Russia. If the scale is applied on the assumed basis my score on the instrument is extremely high and indicates major crisis and is highly predictive of serious physical illness most probably heart attack according to my psychologist.
Safety Concerns in Russia, Crime and mafia
Accorgingly to report by Russia’s Ministry of Affairs, the number one threat to Russia’s economy is corruption within government. This report placed the total for bribes and other illegal income received by government officials at $100 billion in 1993 and 1994.
Crime, including violent crime is a serious problem in Russia, particularly in Moscow.
While the vast majority of crimes occur in impoverished areas, the violence is pervasive since the rise of the Russian mafia is not confined. The primary criminal concern of American is being a victim of theft, blackmail and violence. In several cases armed robberies of Americans have turned violent when victims resisted handing over valuables. Crime is exacerbated by the fact that police are understaffed, corrupted and ineffective. These conditions would make us petrified to live there.
Religion and risk to practice a Baptism in Russia
I am practicing Baptist and religion is a big part of my life. I was raised in very religious family and we went to church every Sunday. My research shows I would not be able to practice the Baptist religion with the respect and opportunities that I could in the United States. It is also very dangerous there to be a Baptist. God is very important to our family and to me especially when we need him most in our lives. (See exhibit)
Accordingly to Forum 18 News Service , Olso, Norway:
“ Baptists singing and praying in a Moscow courtyard “disturbed public order and peace of those relaxing nearby”, by local municipal court ruled on August 11,2003.Thecourt fined on of the Baptists 500 rubles for allegedly using expletives while being ushered into police car as officers broke up the 26 July gathering. Khorev remarked to Forum 18 that the July 26 incident was “part of the normal life of our church”.
Costs of Home visits
Should we move to Russia we would not be able to afford plane tickets, averaging 1000-2000 Dollars to visit our family since me nor my wife will be able to find an employment?
I possess very specialized skills and my wife as well since she was never was an adult in Russia. She left right after graduating he college in 1999 and worked in US as a real estate specialist which is covering us territiory.Even with time maybe we could find an employment and support ourselves but we don’t have time since I am in need of very serious surgery with a big chance of repertionof it in the nearest future and constant care of my phucicion and specialized doctors with experience and medical equipment that could only be found in US.
Financial Hardship and Lack of Educational Opportunity.
I am currently employed as a production manager in the internet based photography laboratory in which I owe an interest. The company is very successful and growing. I spent 4 years to get my degree in digital photography from Savannah School of Art and Design and spent 5 years in this company starting as a lab technician and now I am the second person in there. From our research there are no institutions in Russia that offer equivalent education or accept all the credits that we have accrued to date. Our credits will not transfer of we have to live the state of Georgia. With our age, education and limited skills it would be impossible for us to maintain the same level of employment standard, or even a level that would allow us to live in the safe and healthy environment, that we could attained at home in the United State. Since it would be impossible to maintain our professional carrier (my inability to speak Russian and luck of adequate industry and standards) my professional life would be over.
Due to seriousness of my current medical condition moving to another country to start over equals death since my health and parents health concerns are currently my major priority.
Family ties
We don’t have any family ties in Russia except of my wife’s family. My wife left Russia at the age of 22 that means all her adult and professional life she spent in US. In case of removal she has to start his proffenal life from the scratch.
Special Circumstances of Conviction
The circumstances of Mrs. XXX fraud conviction are such that her moral intentions in performing the acts lack the elements of deceit, willingness, and do not meet the aggravated felony standard established by Immigration Law since 1996 involved in fraud. Review of the record will indicate the extent to which Mrs. XXX, as an abused spouse, was forced to cash the check under threat of physical violence. Please ss in detail the attached letter of my wife, Ph.D as Exhibit describing the extensive abuse suffered by Mrs. XXXX during her marriage to Mr.XXX ex- husband. Her description of the incident, which resulted in criminal conviction, is found at page 3
In the early 2003, Mr. XXX insisted that Mrs. XXX pick up a check for him, deposit it in her account, and bring him cash. When she saw the check, she thought: it didn’t look right” and told him she didn’t want to put it in her account. Mr... XXX went into violent rage. He screamed at her, told her that she was a stupid ***** and did not understand anything. During his outbursts, he threw dishes, kicked doors, and threatened to have her deported. She reported that she was terrified and didn’t see what her choice was, but to do what he said. She brought him money in cash it was about 9 Thousand doors, later on she plead guilty to taking this money. He told her he “needed the rest from her” and took the money and went to Miami on the trip. Later she was charged with bank fraud for this, pleaded guilty and served probation. She is deeply ashamed about this”
Dr. x sums up her analysis of Mrs. XXXX as:
“It is my professional opinion as a psychologist that Mrs. XXXX is suffering from major depressive disorder due to the continued abuse she suffered from her husband, Mr. XXX, A US citizen. She has suffered severe damage to her self esteem. She continues to have reactive depression, which is frequently associated with domestic abuse”
Under such circumstances, it is unlikely that Mrs.XXX could have the requisite intent or willingness to commit a crime of moral turpitude in connection with the cashing of the check. Accordingly she didn’t meet the requisite elements of fraud conviction and should not hold to moral standard.
Please see also exhibits 9-1, affidavits from individuals who personally witnessed the spousal abuse by her husband against XXXX from:
xxxx
xxxx
xxxx
Please also see Exhibit 12 the extensive criminal history of Ex Husband (ex husband), including more the 20 arrests, none of which were disclosed to Tanya at the time of their marriage. Please also see Mrs.XXX petition for a temporary protective order dated September 2003 and the family violence ex parte protective order issued by Ralph Hicks. Judge of Superior Court Fulton County, September 25, 2003
Seed further reports of previous harassment of women and children of whom XXX was involved including Sonja Burnett and related indictment for criminal attempted to commit aggravated stalking involving Sarah Bell, April 1977. XXX. December 16, 1997; convictions on stalking, battery, theft by taking, also related to Sarah Bell, October 1997, Douglass County, Cob County, November 17, 1999.
Mrs. XXX was granted permanent restrain order at the her divorce decree in November 5, 2005
Lack of requisite Intent to Commit Fraud:
Lack of willingness for Check cashed under Duress and Physical Harm
The above referenced evidences clearly that XXXX was not acting willingly when her husband forced her to cash the check, which was the source of her conviction. Additionally she has had no prior or subsequent charges or convictions since that date. She completed her probation without single incident and has now changed life conditions, being in the committed relationship with US citizen XXXX.
Now she employed as a property manger and has become a productive member of the society. She pays taxes and her dues.
She also held a position of trust in her work and should be considered rehabilitated to the extent she ever had participated in the criminal act. Please see letters from Probation Officer XXXX and two clients /property owners for whom Mrs.XXX manages properties and finances related to these properties.